State lawsuit reform bid goes to governor

House Republican legislators led the charge Wednesday to pass a measure that would require an expert opinion confirming professional negligence before a lawsuit could be filed.

The measure is headed to the governor, who is expected to veto it.

The measure, an amendment to House Bill 2458, closely resembles legislation passed in 2004 that the state Supreme Court struck down as unconstitutional, said Paul Sund, a spokesman for Gov. Brad Henry.

In an 8-1 decision in 2006, the state's high court ruled that the cost associated with so-called certificates of merit placed an undue financial burden on people seeking access to justice. Sund said HB 2458 "is in direct conflict with that Supreme Court ruling.”

The bill struck down by the court applied only to medical malpractice cases.

Rep. Dan Sullivan, R-Tulsa, said he expects the governor will support HB 2458.

Sund said the governor has expressed concern over language in the bill.